1994-04489-Resolution No. 94-010 Recorded 1/27/1994REVt D
94-044N9 LEGitJOUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ACTING AS THE GOVERNING BODY OF THF
DESCHUTES COUNTY 911 COUNTY SERVICE DISvit�C�?7 1 ";
A Resolution Authorizing the
Execution and Delivery of
Agreements for the Lease Purchase
of a Computer and Software in the
Principal Amount of $168,348.04
RESOLUTION NO. 94-010
WHEREAS, minutes of a meeting of the Board of County Commissioners
(Board) of Deschutes County, Oregon, acting as the governing body of
the Deschutes County 911 County Service District (District), held at
the Juvenile Justice Building on the 26th day of January, 1994,
pursuant to legal call therefor according to law; and
WHEREAS, there was present a quorum of the duly elected and
qualified District Board; and
WHEREAS, it appearing to the Board that it is desirable for the
District to acquire through lease purchase a computer system and
software; and
WHEREAS, it appearing to the Board that it has the authority to
enter into such Agreement pursuant to ORS 279.101; and
WHEREAS, the District has authority to enter into the Agreement
and to perform the actions contemplated by the Agreement; and
WHEREAS, the following resolution, upon motion duly made and
seconded was unanimously adopted; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, ACTING AS THE GOVERNING BODY OF THE DESCHUTES COUNTY
911 COUNTY SERVICE DISTRICT, as follows:
Section 1. That the District enter into a Municipal Lease
Purchase Agreement plus all schedules, exhibits and attachments
thereto, with United States National Bank of Oregon, as Lessor (Lessor)
and this District as Lessee covering the lease of computer system,
software, installation and incidental costs (Project). Said agreement
being dated the 10th day of February, 1994, calling for rental amounts
not exceeding in the aggregate $168,348.04, plus interest at the rate
of 5.00% per annum, such agreement transacted under the provisions of
ORS 279.101, and such agreement containing a provision indemnifying the
Lessor against loss and expense incurred as a result of interest income
from the Lease becoming taxable, or incurred as a result of the
exclusion of any portion of interest paid by Lessor which is currently
deductible.
Section 2. That any one of the following persons Nancy Pope
Schlangen, Chair, and Michael A. Maier, Director of Administrative
Services, are authorized and empowered in the name of the tDitit to
PAGE 1 - RESOLUTION NO. 94-010 (1/26/94)/'\1,gg4
execute and deliver to the Lessor the
Purchase Agreement together with
attachments, and to take any other
appropriate financing for the Project.
0128-1421
above-described Municipal Lease
all exhibits, schedules and
actions necessary to secure
Section 3. That this resolution shall constitute a continuing
authority to the designated person or persons to act on behalf of the
District, and the powers and authority granted herein shall continue
until revoked by the District, and formal written notice of such
revocation shall have been given to the Lessor.
Section 4. That the District covenants as follows regarding any
federal tax legislation which may apply to this Lease: the Lease is
not a private activity lease; the District does not reasonably expect
to issue tax exempt obligations exceeding $10 million during the
calendar year; the District designates the Lease as a qualified tax-
exempt obligation for purposes of the deduction for interest expense by
financial institutions.
Section 5. That the Board by and hereby is authorized and
directed to deliver to Lessor a duplicate original of this resolution.
Section 6. This certifies, that the undersigned is the District
Board of the above named municipal corporation; that the foregoing is
a full, true and correct copy of this resolution unanimously passed by
the Board thereof at a meeting of said Board held on the day and the
place above specified, legally called and held, at which a quorum was
present and voting.
Section 7. I further certify that these are the specimen
signatures of those persons authorized to enter into this transaction
on behalf of the corporation.
DATED this 26th day of January, 1994.
A EST''
Recording Secretary
APPROVED:
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, ACTING
AS THE GOVERNING BODY OF THE
D, CHUTES �7TY 911 70UNTY SERVICE
ZSTRICT // n n
SCILANGEN, Chair
ssi.onpr
BARRY H. SLAUGHTER, Commissioner
MICHAEL A. MAIER
Director of Administrative Services
PAGE 2 - RESOLUTION NO. 94-010 (1/26/94)
0128-1422
U.S. NATIONAL BANK OF OREGON
1080 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, Oregon 97204
rA
1. United States National Bank of Oregon, hereinafter, called Lessor, hereby leases to Deschutes
ou nt y 911 County Sery c e Dist r is t hereinafter called Lessee, the personal property, hereinafter called the "Equipment,"
described in Exhibit A, attached hereto and made a part hereof or in any subsequent schedules which may
hereinafter be made a part hereof; upon the following terms and conditions;
2 Term and Rent. The term of, and the Rental Amount due under this Municipal Lease Purchase
Agreement (Agreement) shall be as set forth in Exhibit B, or in any subsequent schedules which may hereafter
be made a part hereof. Any past due payment of rent shall bear interest at the rate of 5.00% per annum. The
Rental Amount includes specified amounts of principal and interest. Lessee covenants to pay all Rental Amounts
when due, and to perform all other covenants contained in this Agreement.
3. Ins ion by Lessee. Lessee shall inspect the Equipment within forty-eight hours after receipt
thereof. Unless Lessee within said period of time gives written notice to Lessor spedfying any defect in or other
proper objection to the Equipment, Lessee agrees that it shall be conclusively presumed, as between Lessor and
Lessee, that lessee has fully inspected and acknowledged that the Equipment is in good condition and repair,
and that lessee is satisfied with and has accepted the Equipment in such condition.
4. Alterations. Lessee is hereby given the right to make alterations, additions or improvements to the
Equipment, so long as the value of the Equipment is not reduced thereby. All additions and improvements of
whatsoever kind or nature made to the Equipment shall immediately become the property of Lessor and subject
to the terms of this Agreement.
S. Maintenance and Repair. Lessee, at it's own cost and expense, shall keep the Equipment in good
repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep
the Equipment in good mechanical and working order.
6. Loss and Damage. Lessee hereby assumes and shall bear the entire risk of loss and damage, whether
or not insured, to the Equipment from any and every cause whatsoever. No loss or damage to the Equipment
or any part thereof shall impair any obligation of Lessee under this Agreement which shall continue in full force
and effect. In the event of loss or damage of any kind whatever to the equipment, or any part hereof, Lessee
at the option of less shall: Place the same in good repair, condition and working order; or pay Lessor in cash
the then unpaid Rental Amount due under this Agreement together with accrued interest to the date of payment.
Upon such payment this Agreement shall terminate with respect to the Equipment or part thereof so paid for
and Lessee thereupon shall become entitled to such.
7. Surrender of Equipment. Upon termination of this Agreement, including renewals thereof', with
respect to the Equipment or part thereof; Lessee shall (unless Lessee has acquired title thereto pursuant to either
paragraph 6 or Exhibit B hereof) return the same to Lessor in good repair, condition and working order,
ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the Equipment at Lessce's
cost and expense to such place as Lessor or to which same was moved with the written consent of Lessor.
8. Insurance. Lessee, at its own expense, shall maintain the Equipment insured for such risks in such
amounts as Lessor shall require with carriers acceptable to Lessor, shall maintain a loss payable endorsement
in favor of Lessor affording to Lessor such additional protection as Lessor shall require, and shall maintain
liability insurance satisfactory to Lessor. All such insurance shall name Lessor and Lessee as insured, and the
Page 1 - EQUIPMENT LEASEIPURCHASE AGREEMENT F:19WW7=MCtyLeaae.A9t
0128-1423
policies shall provide that they may not be canceled or altered without at least ten days prior written notice to
Lessor and the loss payable endorsement shall provide that all amounts payable by reason of loss or damage to
the Equipment shall be payable only to Lessor. Lessee shall deliver to lessor evidence satisfactory to lessor of
all such insurance. If loss or damage occurs under circumstances in which lessee is not in violation of the terms
of any such policies, and if Lessee has fulfilled its obligations under Paragraph 6 of this Agreement, and is not
otherwise in default under this Agreement, Lessor will pay to Lessee so much of any insurance proceeds received
by Lessor as a result of such loss or damage as will fully reimburse Lessee for the net expense it incurs in
fulfilling its obligations under said Paragraph 6. Should lessee fail to maintain insurance as herein provided, then
Lessor shall have the right, after demand upon Lessee, and without releasing Lessee from any obligation
hereunder, to effect the same, and to pay and expend whatever amounts in its absolute discretion it may deem
necessary therefor. All sums so paid or expended by Lessor shall be an indebtedness of the Lessee to Lessor
and bear interest at the rate of 5.00% per annum.
9. Taxes, The Rental Amounts have been established taking into account the exemption of the
Equipment from personal property tax. Lessee shall file all certificates or other documents necessary to insure
that the Equipment will be exempt from property tax
10. Assiom ent by Lessor. It is understood and agreed that Lessor's interest in this Agreement may be
assigned, mortgaged, or otherwise transferred or encumbered, all without notice to Lessee. In such event the
assignee's right, title and interest in this Agreement, to the Rental Amounts provided herein and in the
Equipment, shall be free from all defenses, set -offs or counterclaims of any kind or character, which Lessee may
be entitled to assert against Lessor. It is agreed hat such assignee does not assume any obligation of Lessor
herein named Lessee may separately claim against Lessors to any matter which Lessee may be entitle to assert
hereunder.
11. IndemniM Lessee shall indemnify Lessor against, and hold Lessor harmless from any and all third
party claims, actions, suits or proceedings, costs, expenses, damages and liabilities, including attorney's fees,
arising out of; connected with, or resulting from the Equipment, including without limitation the manufacture,
selection, delivery, possession, use, operation or return thereof.
Lessee further covenants and agrees to indemnify Lessor against any loss, cost or expense incurred by
Lessor or Lessor's assignee, under the Agreement, whether such loss, cost, or expense is incurred (a) directly
as a result of any federal income tax assessed against interest received by the holder of the Agreement or (b)
indirectly such as by the imposition of a minimum corporate tax or by the exclusion of any portion of interest
paid by the Lessor, or Lessor's assignee, which is currently deductible under the Internal Code of 1954, as
amended, including rules and regulations promulgated thereunder ("the Code'). It is the intent and purpose of
the parties hereto that the profit of Lessor, or Lessor's assignee, with respect to the payment of interest to it on
the Agreement shall not be diminished by any such change in the Code or any administrative or judicial
interpretation thereof (whether through or as a result of direct or indirect Federal Taxation of the interest on
or principal of the Agreement, the disallowance of a deduction or otherwise.0
12. Default. The default by Lessee under any term, covenant or condition of this Agreement which is
not cured within ten days after notice thereof from Lessor, shall, at the option of lessor, terminate this
Agreement and Lessee's right tot possession of the Equipment. Upon termination of the Agreement, Lessor
may without notice demand upon Lessee, take possession of the Equipment and lease or sell the same or any
portion thereof, as Lessor shall elect, andy apply the proceeds of any such sale or renting, after deducting all
costs and expenses incurred in connection with the recovery, repair, storage and renting of the Equipment, in
payment of any obligations due from Lessee to Lessor hereunder, Lessee remaining responsible for any
deficiency. Lessor shall also, in an event of default, be entitle to exercise all of the rights of a secured party
under the uniform Commercial Code.
13. Effect of Waiver. No delay or omission to exercise any right, power or remedy accruing to Lessor
upon any breach or default of Lessee under this Agreement shall impair any such right, power or remedy of
Page 2 - EOUIPMENT LEASE(PURCHASE AGREEMENT F:191 MT%009%CtyL.ea" Agt
0128-1424
Lessor not acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any
waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter
occurring. Any waiver, permit, consent or approval of any kind or character on the part of Lessor of nay breach
or default under this Agreement, or any waiver on the writing specifically set forth. All remedies, either under
this Agreement or by law, or otherwise afforded to Lessor, shall be cumulative and not alternate.
14. Warranties. Lessee acknowledges that this Agreement is a lease of Equipment which the Leasee itself
has selected and that Lessor makes no warranties, express or implied regarding the condition, quality, durability,
capability suitability, fitness for intended purpose or merchantability of the Equipment. Lessee agrees to rely
solely upon any warranties with respect to the Equipment provided by the manufacturer or vendor thereof. No
defect in or unfitness in the Equipment, or failure to a manufacturer or vendor to perform, shall relieve Lessee
of its obligation to pay Rental Amounts or to perform any other obligations under this Agreement.
1S. Attorney's Pees. In the event of any action at law or suit in equity in relation to this Agreement,
prevailing party will pay to non -prevailing a reasonable sum for its attorney's fees, at trial and on any appeal.
16. Ownership. Title to and possession of the Equipment shall, during the term of this Agreement, be in
the Lessee, except that Lessee hereby grants to the Lessor a security interest in the Equipment, which security
interest shall be evidenced by financing statements or recorded title interests, as appropriate. Upon payment of
all of the Rental Amouists, and the performance of all other obligations under this Agreement, Lessee shall become
the owner of the Equipment free and clear of all claims of the Lessor and Lessor shall provide to Lessee such
termination or other documents evidencing ownership statements, releases of the Equipment solely in the Lessee.
17. Notices. Any communications between Lessor and Lessee, payments, and notices provided herein to be
given or made, may be given or made by mailing the same to P. O. Box 1799, Bend, Oregon 97709 AND TO Lessee at
62420 Hamby Road, Bend, Oregon 97701 or to such other addresses as either party may in writing hereinafter
indicate. Lessee shall file such notices with public agencies as may be required to preserve tax exeuption of the
interest portion of the Rental Amounts.
18. Section 3.03. Non -Appropriation. Not withstanding the foregoing, Lessee is obligated only to pay
such Rental Payments under this Agreement as may be lawfully made from funds budgeted and appropriated for that
purpose during Lessee's then current budget year. Should Lessee fail to budget appropriate or otherwise make
available funds to pay Rental Payments following the then current Original Term of Renewal Term, this Agreement
shall be deemed terminated at the and of the then current Original Term or Renewal Term. Lessee agrees to deliver
notice to Lessor of such termination at least 30 days prior to the and of the then current Original Term or
Renewal Term, but failure to give such notice shall not extend the term beyond such Original Term or Renewal Term.
If this Agreement is terminated in accordance with this Section, Lessee agrees to peaceably deliver the Equipment
to Lessor at such place in the State of Oregon as Lessor shall designate and Lessor shall dispose of the Equipment
pursuant to the procedures and limitations set forth in Section 12, accounting for any surplus to the Lessee.
IN WITNESS WHEREOF, the parties hereto have executed this lease as of this 10th day of February, 1994.
U. S. National Bank of Oregon schutes Cou ty 911 Count Service District
By. s
IN "NTANMVP S T.AMGFN
Title: Commercial Account Officer Title: lHA-Ltl
By:
MIKE MAIER
Title: COUNTY ADMINISTRATOR
Page 3 - EQUIPMENT LEASE/PURCHASE AGREEMENT F:\9\92087\009\CtyLease.Agt
U.S. NATIONAL BANK OF OREGON
1080 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Pordand, Oregon 97204
Exhibit OX
DESCRIPTION OF PROPERTY
0128-1425
1
Lease No.
The equipment is a Sequoia Series 300 Base Computer System and attachments, hardware
and software, as described on the following 3 pages.
Page 4 - EQUIPMENT LEASEIPURCHASE AGREEMENT FA9492o rOWCtyLeassAgt
NOY-1 T-93 0128 1425
KED 15:42 DEn .:H l�[�E�^�COl�hi�`Yv1?1;7 �11j* 5033623767 PYOa?�e 1
Price Quotation Prepared for EAI �J
Date Printeds 04/30/91 Quote -ID: S/EAX/11
■esz�ass�ir�3.cs�gzsa ssoQ=am����— W===sssa.elc�s`�
SYSTEM CONFIGURATION SUMMARY +�
Processor Elements: 2 300 User Disks 0.9G8
Memory Elements: 2 16 User Memorys 16MB
1/0 Elements 2 User Ports: 128
Tape Drives: 1
*** HARDWARE CONFIGURATION DETAIL ***
- Pricing - - Maint
Ref Qty product Description Unit Total Unit Total
--- ---- ----------------------------------------------- is ---err ----- --yam--
1 1 P8380 Sequoia Series 300 2s0s2 260,000 260,000 1,015 1,015
2 AV204 (Inc) Console Terminal and Printer
i 08201 (Inc) Main System Segment
1 C9203 (ino) Battery Backup [Unit
1 08304 (Inc) Input/Output Segment.
.__.r��•2...C�OI..�irfc.)_...7Caput/output._.Element..._:_._.....-..�,.---... _....... --__ _._.... _.... __....... - ---
2 01'302. ;(ina) .. Series•. 3.a0 Processor Element ...,:-
1 OL201 (inc) Sequoia. *CCompiler and t�ibrary.
1UD07 (inc) C User's Guide
1 UD16 (inc) C Reference Manual
1 SL207. (inc) DBX Symbolio Debugger
-2 2' CM204 16 Me abyte Memory Element (ME 38,500 77,000 17.5 350
Four-way inte�r�eaved Memory Element (ME)
with error correotion and loons average
access time.
d 2 DD312 1.2GB SCSI Interface Disk Driv 17,850 35,700 So 106
1.2 Gigabyte Capacity (unformatted)
Winchester Disk Drive with embedded SCSI
Interface. (932MB formatted.)
4 1 DS310 SCSI Disk Tray, Accomodates up 16,Sto 16,650 100 100
Includes four host adaptors for dual
porting, Dual power supplies and cooling
fans.
5 1 MC205 Networked Verminal Server Host 11,500 11,500 65 65
Includes (2) Host Adaptors, 100 feet of
RG62 Cabling, and Trunk Terminator:
Supports up to 6 Clusters of any kind.
6 2 TC216 . 16 -Line RS232C Cluster Control 4,100 8,200 30 60
Includeii 3 feet of RG62 cabling, TEL
connector and wall mounting kit.
7 1 TD205 Dual -Density Tape Drive (HP) 28,000 28,000 155 155
1 TK201 (inc) Tape Drive Controller
Nine Track Tape Drive (1600/6250 BPI)
includes tape controller.
1 r _ — 1 sa
0128-142'
NOV-17-93 WED 15:43 DES'VleyhClas Ogl;Ee"l-nC5033925T6T P.03
,i
Page 2
Prioe Quotation prepared for RAZ
Date Frintedt 04/30/91 1Quote-Zb: B/EAxJi�,
la Csa�am�s4v�casssEMMUM C1OMM"wMm—s?
8 1 TS1lo 96 -port RS232C Host Adaptor/C1 34,000 34,000 245 245
1 MC205 (inc) Netwo7rked Terminal Server Host Assembly
6 TC216 (inc) 16 -Line R92320 Cluster Controller
Host assembly including (6) 16 -Line Cluster
Controllers# 3.00 feet RG62 cabling, wall
mount, and brackets. will not support any
additional, Cluster Controllers.
. ----------- -------
Hardware Subtotal.: $471,250 $2,090
0128-1428
NOV-17-93 WED 18:43 DESC UTES COUNTY 9-1-1 8033823767
b�equOla Systems, Inc.
P.04
Date Printed:
Price Quotation Prepared for EAI
04/30/91
Pa ge 3
Quote -IDs S/EAI/11
1
*** SOFTWARE CONFIGURATION DETAIL
f Qty Product
Description . - Pricing -
Maint --
--- --,-- .---__�_.._
9 128 SP201
Unit Total
-- --- -- -----
Unit Total
-"--
PICK OA User License 1.00 12, 800
K/C N/C
10 16 SP202
PICK OA Phantom Task 100 1;600
N C N/ C
/
L1 1 ST205
1 UD02
(inc)
'-
TOPIX Operating System Softwar 22,000 22,000
TOPIX Text Processing Guide
220 220
1 UD03
I UD14
(inc)
(ino)
TOPIX System Administratorl" Guide
TOPIX system primer 1j
I UD20
(inc)
Sequoia DOcumentation Catalog
1 UD2
1 UD24
(ince)
(ino)
TOPIX 3.1 (System V) User Reference Manual
TOPXX S.1 (System V) Programming
I UD25
(ino)
Reference Manual
TOPIX Programming Guide (System V)
----I-YJD.a6-.-xE
o -
�,[ iPI F=S r3--SysL-eia --Adminiatratnr I a- Reference -__-
Programming ..Reference Manual
.-- I - -
.
Software Subtotal: $36,4'00
------
5220
ky�
U. S. NATIONAL BANK OF OREGON
1080 U. S. Bancorp Tower
111 S. W. Fifth Avenue
Portland, Oregon 97204
Exhibit "B"
PAYMENT SCHEDULE
0128-1429
Lease No.
A. RENT: The Rental Amount due under this Agreement which Lessee unconditionally
promises to pay the Lessor, or its assigns, is One Hundred Sixty Eight Thousand, Three Hundred
Forty Eight and 04/100 Dollars ($168,348.04) together with the interest at the rate of
5.00% per annum on the unpaid balance, or the stipulated value, in the case of prepayment.
B. ACCELERATED PAYMENTS: Any of the above Rental Amounts may be accelerated
at Lessee's option and have the interest thereon adjusted accordingly. The agreement will be at the
stipulated value, if applicable.
C. OPTION TO PURCHASE: Lessee shall have, and is hereby granted, an option to
purchase the equipment at the expiration of this Agreement for the nominal price of $1.00, provided
further that Lessee's right to so purchase said Equipment shall be conditional upon a complete and
full performance of Lessee's undertakings as provided in this Agreement and also conditional upon
full payment by Lessee to Lessor of the entire Rental Amount including interest due on this
Agreement.
D. SCHEDULED RENTAL PAYMENTS: Lessee agrees to, and shall pay the total Rental
Amount in the following installments, each due on or before the date shown:
Date
7-1-94
1-1-95
7-1-95
1-1-96
7-1-96
Principal
$32,775.75
$32,607.94
$33,484.16
$34,296.97
$35,183.22
Interest
$3,296.82
$3,464.63
$2,588.41
$1,775.60
$ 889.35
Period Total
$36,072.57
$36,072.57
$36,072.57
$36,072.57
$36,072.57
Page 5 - EQUIPMENT LEASE/PURCHASE AGREEMENT F:\9\92087\009\CtyLease.Agt
U.S. NATIONAL BANK OF OREGON
1080 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, Oregon 97204
Exhibit "B" (continued)
PAYMENT SCHEDULE
0128-1430
Lease No.
APPROVED AND AGREED TO this 10th day of February ,19 94 , as a Schedule to that certain
Agreement dated the 10th day of February___-, 19 94 , by an between the parties hereto,
and hereby made a part thercoU
Deschutes County 911 County Service District
Lessee
B h ig tw W14)
NANCY P'01 SC LANGE
Title - CHAIR
By,
MIKE MAIER
Title COUNTY ADMINISTRATOR
Page 6 - EQUIPMENT LFASEJPURCHASE AGREEMENT F:k9W2087=9\CtyLeaseAgt
U.S. NATIONAL BANK OF OREGON
1080 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, Oregon 97204
PROPERTY ACCEPTANCE
0128-1431
Lease No.
The undersigned Lessee, under that certain Municipal Lease Purchase Agreement dated February
10th , 19 94 , with United States National Bank of Oregon, as Lessor, hereby acknowledges receipt
in good National Bank of Oregon, as Lessor, hereby acknowledges receipt in good condition of all the Equipment
described on Exhibit A to the Municipal Lease Purchase Agreement, hereby accepts the Equipment and hereby
certifies that the Lessor has fully and satisfactorily performed all covenants and conditions to be performed by
it under the Municipal Lease Purchase Agreement.
February 10' 19 94
Dated:
Deschutes County 911 County Service District
By:_
MIKE MAIER
Title: COUNTY ADMINISTRATOR
Page 7 - EQUIPMENT LEASE/PURCHASE AGREEMENT F:19\9M7WWCVLease.A9t
U.S. NATIONAL 1080 UB BANK OF ncorp o OREGON wer 10W
111 S.W. Fifth Avenue
Portland, Oregon 97204
Lease No.
MUNICIPAL CERTIFICATE
Deschutes County 911 County
Service Dist OfService . hereby certify that
the Municipal Lease PurescreemegCt dated 2 -1.0 19 94 , between United States National Bank
of Oregon, as Lessor and
es
c t e s ount — � t,uW&tcJescnbed in Exhibit W
attached to the Municipal Lease Purchase Agreement, was executed by me on the 1.0 t h day of February
19 9 4- that I have full power and authority to execute the Municipal Lease Purchase Agreement
and that the power to enter into the Municipal Lease Purchase Agreement granted to me by the Board
has not been withdrawn, and that all required procedures necessary to make the Municipal Lease
Purchase Agreement a legal and binding obligation of the Lessee have been followed.
9�:
1N WITNESS WHEREOF10th , I have set my hand this day of Februaz . i'9_.
OFFICIAL
Attest n , ,
Signature
-RECORDING SECRETARY
Title
Page 8 - EQUIPMENT LEASE/PURCHASE AGREEMENT
CHAIR
Title
7 Signat ureMIKE MAAIER\
COUNTY ADMINISTRATOR_
Tit le
F:19\9M710091CtyL.ea3e.A9t
"THIS PAGE INTENTIONALLY LEFT BLANK"
0128-1433
Page 9 - EQUIPMENT LEASE/PURCHASE AGREEMENT F:\9\92087\009\CtyLease.Agt
0128-1434
CERTIFICATE AS TO ARBITRAGE
Deschutes County 911 County Service District
1, the undersigned officer of (the "Lessee") being the person duly charged, with
others, with responsibility for issuing the Lessee's obligation in the form of that certain agreement for issuing
the Lessee's obligation in the form of that certain agreement entitled "Municipal Lease Purchase Agreement"
(the 'Agreement") dated February 10 . 19.2.4,, and issued said date, HEREBY CERTIFY that:
1. The Agreement was issued by the Lessee under and pursuant to law to finance the acquisition of
certain Equipment described therein.
Z Pursuant to the Agreement, the Lessee is entitled to receive said Equipment in consideration for the
obligation of the Lessee under the Agreement. Said Equipment will be used in furtherance of the public
purposes of the Lessee. The Lessee does not intend to sell said Equipment or said Agreement or to otherwise
dispose of said Equipment during the term of the Agreement. The Lessee will not receive monies or funds of
other "proceeds" as a result of the Agreement. The Lessee will not receive monies or funds of other "proceeds'
as a result of the Agreement.
3. The Agreement may be assigned without the consent of the Lessee by United States National Bank
of Oregon (the "Bank") the second and only other party to the Agreement. If the Bank assigns the Agreement
or sells or otherwise transfers the Agreement for monetary consideration to the Bank, no such consideration or
proceeds will inure to the Lessee, the sole consideration to the Lessee being the aforesaid Equipment together
with warranties and maintenance obligations relating to said Equipment.
4. The Lessee expects to make payments under the Agreement from its General Funds on the basis of
annual appropriations in amounts equal to the required payments under the Agreement. The remaining General
Funds of the Lessee are not reasonably expected to be used to make such payments.
S. The Lessee has not received notice that its Certificate may not be relied upon with respect to its own
' issues nor has it been advised that any adverse action by the Commi«ioner of Internal Revenue contemplated.
To the best of my knowledge, information and belief, the expectations herein expressed are reasonable
and there are no facts, estimates or circumstances other than those expressed herein that would materially affect
the expectations herein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of February _ 19 94
Deschutes Country 911 County Service District
CHAIR
Title
By MIKE MAIER
COUNTY ADMINISTRATOR
Title
Page 10 - EOUIPMENT LEASE/PURCHASE AGREEMENT F:19%2087009\Ctytease.A9t